United States v. Hart

A San Diego resident pleaded guilty in the federal district court for the Southern District of California to one count of conspiracy to violate the Clean Air Act by illegally importing hydrofluorocarbons (HFCs) and hydrochlorofluorocarbons into the United States. HFCs are greenhouse gases that under the American Innovation and Manufacturing Act of 2020 (AIM Act) may not be imported without issuance of an allowance by the U.S. Environmental Protection Agency. The U.S. Attorney’s Office for the Southern District of California <a href="https://perma.cc/D9EJ-ZAWR">said</a> the case was the first prosecution under the AIM Act. Sentencing was scheduled for December 9, 2024. The maximum sentence is five years in prison, a $250,000 fine, a mandatory special assessment of $100, and supervised release for up to three years. The defendant agreed to pay restitution of $1,500 for the cost of disposal of the refrigerants.

The U.S. Attorney’s Office for the Southern District of California <a href="https://www.justice.gov/usao-sdca/pr/san-diego-man-first-nation-be-charged-smuggling-potent-greenhouse-gases-united-states">announced</a> on March 4, 2024 that a San Diego resident had been arrested and charged with smuggling greenhouse gases into the U.S. from Mexico and selling them for profit. The indictment alleged that the defendant purchased refrigerants in Mexico, brought them into the U.S. in his vehicle, and posted them for sale on various websites, and sold them for a profit. The indictment charged him with one count of conspiracy, five counts of importation contrary to law, and seven counts of sale of merchandise imported contrary to law. The U.S. Attorney’s Office said it was the first prosecution to include charges related to the American Innovation and Manufacturing Act of 2020, which prohibits importation of hydrofluorocarbons without allowances issued by EPA.